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Home My WebLink AboutJudgement and Order/Eichstadt v. City of Oshkosh ��ltan ,. �, � -. �_�� C�'IS011 June l, 2012 A = - - YViscor7si�r - .._�_�: . `:_._ .. .- se„�,�e Atty. Lynn Lorenson ` , n,' Corporation '. J U�y 4� 2��2 City of Oshkosh Attorneys' Office , az-ro�YS PO BOX 1130 ` ` �-- --- -- ATLAw Oshkosh WI 54903-11130 .�� - La��re��ce C.Silton RE: Eichstadt v. City of Oshkosh Case No. 11-CV-1610 Richard J.Cadson �`rliiam L.S�roik Adam N.Slcarie Dear Ms. Lorenson: Bree A.Madison I am enclosing the original recorded Judgment and Order in the above matter. Rose I.Simo❑ This your deed to the property. Use it wisely. Stephen A.Seiferc Of Counsel Sincerely yours, Richard J. Carlson RJGIkf Enc. . . � , G� C�� 9-/7-/� Telepl7one(920) 739-2366 Facsimile(920) 739-8893 �-i� n��i�� . _ . ,-_ _��„ .,_, 331 East�Tashington Scree� Appleron,��I 54911 - i ii iiiii iii iiii iiii ' F302 � 5 �38 � ?x;4Q169�2 ].��7C�5 JUDGMENT {�ECyI57ER`S QFFICE Document No. AND ORDER v+�Irvr��B�so ��urvr�F uvi RECflRDE� C](V Oa13Cl/�{7i� �:�� F'!� SEE ATTACHED JUDGMENT AND ORDER. ]ULIE PA�`rEL EtE�ISTER C'?F t?€EDS REC�DRDING FEE 3��t�4 Retum To: Richard J.Carlson Silton Law Firm 331 E.Washington St. Appleton WI 54911 , � ' STATE OF WISCONSIN CIRCUIT COURT WINNEBAGO COUNTY BRANCH II HAROLD EICHSTADT and MARCELLA EICHSTADT RF�, 1820 Vinland Rd F/yfi Oshkosh WI 54901, �A�y�g Plaintiffs, v. Case No. 11-CV-1610 ��1 Code No. 30405 CITY OF OSHKOSH 215 Church St Oshkosh WI 54901, ___,.__.y__.. �. _� Defendant. ,-.. �T�, .;i �; j,i !; CENTURY OAKS HOMES, LLC �: MAY 2 2 2012 ''-t% 1010 W Murdock Ave �� r ; Oshkosh WI 54901 �------:-- Intervening Defendant. � � '` -''T cou�T��.. ti V�,,;;rt�SfiuO CGlii�TY JUDGMENT This matter having come before the Court as an action for declaratory judgment and adverse possession by the plaintiffs Harold Eichstadt and Marcella Eichstadt claiming ownership of a certain portion of a street right-of-way in the Plat of Eichstadt Subdivision; and the Court having heard the matter on motions for summary judgment by the plaintiffs Harold Eichstadt and Marcella Eichstadt and the defendants City of Oshkosh and Century Oaks Homes, LLC, on May 14, 2012; and the Court having granted the City of Oshkosh and Century Oaks Homes, LLC motion for summary judgment, NOW THEREFORE, IT IS HEREBY ADJUDGED AND DECLARED that the South 340 feet of the Walnut Street right-of-way in the Plat of Eichstadt Subdivision, Volume 13 of Plats on Page 1, Document No. 150871, in the City of Oshkosh is a public right-of-way. Dated this�day of �'� , 2012. BY THE COURT: The orable S ott C. oldt Winnebago County Circuit Court, Branch II STATE OF WISCONSIN CIRCUIT COURT WINNEBAGO COUNTY BRANCH II HAROLD EICHSTADT and MARCELLA EICHSTADT R�C�C�vF 1820 Vinland Rd O�y Oshkosh WI 54901, ,2�?O Plaintiffs, 11 v. Case No. 11-CV-1610 Code No. 30405 CITY OF OSHKOSH 215 Church St Oshkosh WI 54901, ---�, ,, - � �._ , , Defendant. ! . r—_-ll ''� �`l; ; -,: ; CENTURY OAKS HOMES, LLC f,� ; MAY 2 2 2012 �'_::� 1010 W Murdock Ave ' � � Oshkosh WI 54901 � �.,_.._ . �.;� ��:;!�r couaT Ez� �t �� ; �r� ��.; Intervening Defendant. - ORDER GRANTING CITY OF OSHKOSH/CENTURY OAKS HOMES,LLC MOTION FOR SUMMARY JUDGMENT A motion for summary judgment by the plaintiffs Harold Eichstadt and Marcella Eichstadt and a motion for summary judgment by the defendants City of Oshkosh and Century Oaks Homes, LLC, having been heard on May 14, 2012; the plaintiffs Eichstadt appearing by John M. Kelly, and the defendants City of Oshkosh and Century Oaks Homes, LLC appearing by Silton Seifert Carlson, S.C., by Richard J. Carlson; the Court having reviewed the affidavits and briefs of the parties and having heard the arguments of the parties; and the Court having rendered a decision from the bench granting the motion for summary judgment by the defendants City of Oshkosh and Century Oaks Homes, LLC, IT IS HEREBY ORDERED that the motion for summary judgment by the defendants City of Oshkosh and Century Oaks Homes, LLC is hereby granted for the following reasons: 1. That portion of the Walnut Street right-of-way as platted in the Plat of Eichstadt Subdivision, recorded with the Winnebago County Register of Deeds on November 19, 1947, in 1 t Volume 13 of Plats on Page 1, as Document No. 150871, designated as a private road and described below, was reserved and dedicated for street purposes for the lot owners of the subdivision by the recording of the Subdivision, and cannot be claimed as private property by the plaintiffs Harold Eichstadt and Marcella Eichstadt: That part of the South West % of the South East '/ of Section 11, T18N, R16E, in the Twelfth Ward, City of Oshkosh, Winnebago County, Wisconsin, described as follows: Commencing at the Southeast corner of Lot 4 of Block 5 in plat of Eichstadt Subdivision; thence east, along the extended South line of said Block 5, 50 feet, to the Northwest corner of Lot 3 of Block 6 in said Eichstadt Subdivision; thence south, along the West line of Lots 3, 4, 5 and 6 of said Block 6, 340 feet, to the Southwest corner of said Block 6; thence west along the extended South line of said Block 6, 50 feet, to a point on the extended East line of said Block 5; thence north, along the extended East line of said Block 5, 340 feet,,to the place of beginning. (the"Parcel") a/k/a the South 340 feet of Walnut Street in the Plat of Eichstadt Subdivision, Volume 13 of Plats on Page 1, as Document No. 150871. 2. Actions taken since the Plat was recorded, including requests by the plaintiffs to discontinue certain rights-of-way as public ways, annexation to the City of Oshkosh, and official mapping of the Walnut Street right-of-way, establish an intent to dedicate and dedication of the Walnut Street right-of-way. LET JUDGMENT BE ENTERED ACCORDINGLY. BY THE COURT: �-aa-rz The Honorable S tt C. Woldt Winnebago County Circuit Court, Branch II 2 Lorenson, Lynn From: Lissa Field [Lissa.Field@sscglaw.com] Sent: Tuesday, July 24, 2012 11:01 AM To: Praska, David J.; Lorenson, Lynn Cc: dleskosek@statewidesvcs.com Subject: Oshkosh - Eichstadt matter WM000702660027 The appeal period expired.We are now closing our file on this matter.Thank you. Lissa Field Paralegal SILTON SEIFERT CARLSON, S.C. 331 East Washington Street Appleton,WI 54911 rxorrE(920)739-2366 FAX(920)739-8893 www.silto nlawfirm.com This message and any accompanying attachment is a transmission from the law firm of Silton Seifert Carlson,S.C.and may contain information which is privileged,confidential,and protected by the attorney-client or attorney work-product privileges. If you are not the addressee,or authorized by the addressee to view this transmission,you are strictly prohibited from reading,disclosing,copying, distributing,or using the contents of this message. If you have received this transmission in error,please destroy it and notify us immediately at our telephone number(920)739-2366. 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